Skin Outbreak After Shaving

The survivor is not an infectious disease (published in "Avanti!" of Saturday, July 26, 2008)

If you missed between staircases, steps and windows pension, if you hear talk of "survivors and survivors' you get scared thinking about the effects described in the warnings of unwanted medicines, if you believe that Bismarck and Beveridge have participated in European soccer, now is time, probably starting to inform you about your future retirement. There is no need to go comb through the various pieces of legislation, reforms, and counter-articulated at all. It is released in the last library book Giuliano Cazzola, elected to the House of the People in the ranks of freedom and social security law professor at the University of Bologna: "The pensions explained to my grandmother," published by Rubbettino. Imaginary interlocutor is the grandmother Virginia, but the author's attention is dedicated to beginners and the curious matter in general. Cazzola has produced a guide, the reading of which reveals itself accessible, straightforward and to allow everyone to get an idea not only their rights but also "how and why it is necessary to keep in mind the rights of others to claim their own, avoiding at the same time to kick us in the quagmire of clichés. But in fact his grandmother Virginia is only a pretext editorial, because the real intentions of the author are those aimed at young people, which become, in this way, recipients of a message, the issuer may be a grandfather expert, who teaches them how to defend themselves from the contrast of generations for which they are protagonists. The invitation to the younger generation is to find a "class consciousness", to face the modern class struggle belongs to our century, which sees expectations and needs of children in competition with the prerogatives of the fathers. Already in a previous essay four years ago, the author argued that in a society divided into castes and gerontocratic like ours, young people belong to a generation invisible, for all'infimo step. ("Work and welfare: young versus old. Conflict between generations or class struggle of the twenty-first century?" Rubbettino, 2004). But a generation prone to idolize San Precarious and convinced that the 'class enemy "staying in the economy moves away from the epicenter of the problem, as it is misguided to be too hasty canonization. A generation that has not been betrayed by the work or the laws that regulate it, but was penalized by the extravagance but that government without vision, they have made to the detriment of the generations that would come later, just think the introduction of so-called baby pensions (DPR 1092/73) which allowed civil servants to access pensions with twenty years of contributions (by a further five years in the case of married women with children). If, as claimed by the author at the beginning of the first chapter, the rules are not sufficient to produce the resources necessary to pay pensions, because "the balance of intergenerational pact underlying the large public systems is closely by parameters that laws can not be determined, "then the allocation of resources should be made according to criteria of fairness. But our country is often governed by the logic of opportunity, as happened at the time of signing the Protocol on welfare, is intended to revise the "staircase". The protocol allows approximately 150 000 workers to retire at age 58. Cost of the measure: 7.48 billion euro (in the decade between 2008 and 2017). To cover such an expense, the Prodi government turned to the "invisible generation" that has often paid a political and trade union representation at historic lows and is registered in to dominate, to separate management. In fact, the decision to fund (along with the retrieval of useful resources for the Fund strenuous work, which amounted to 2.52 billion, for a total expenditure of € 10 billion) was agreed to find the necessary funds by increasing the contribution rates for the separate management of quasi-employees. Concluding with a similarity Cazzola dear to the problem of security is like the environmental issue, "the resources available are limited and do not belong only to those who live in the present but also future generations."

Alessio Maniscalco

Sharp Pain In Right Side Of Groin

What does the amendment of Article 18 of the Statute of Workers (published in "the West" by Wednesday, July 16, 2008) Why

In our country, talking with Article 18 of the Workers' Statute (Law 300/1970) is still a taboo. Any proposal to reform the individual dismissal advanced in the past has often been banned and has proved, however, due to ideological conflict even more than dialogue. Sometimes it's like discussing the sex of angels, applies the hint of a dispute will remain unresolved. Some have called the "bulwark in defense of freedom and dignity in the workplace", ignoring the lack of a similar rule in other European countries, however, have a strong law on the protection of the rights workers. On the other hand, the image is perfectly suited as a bulwark of the allegorical figure of that part of workers overprotected by our regulations, the remaining workforce benefits, however, merely a partial protection. Our labor market is characterized by its duality of at least two decades and, moreover, the weight of flexibility has been downloaded especially among the younger generation. The reform of the individual protection against dismissal is one of those elements in our system needs to continue in the modernization of labor law (because, as Winston Churchill used to say, change is not always tantamount to improve, but to improve we need to change) to encourage stabilization of the underwriters of a contract workers 'atypical', thereby redistributing the protections (as happens in the United Kingdom, where the percentage of workers employed for an indefinite period is greater than our country, because of the presence of flexibility in output) ; to support the growth of enterprises, to promote the emergence of undeclared work. The European Commission itself, when in November 2006, the Green Paper (entitled "Modernising Labour Law to meet the challenges of the twenty-first century"), has since come to the damping action to reform the regulation of individual dismissals for economic reasons (the Government Italian then, delay in responding to questions from the Commission argued, however, the lack of "empirical evidence to show unequivocally the existence of a positive correlation between children and constraints on the propensity of firms to take ').

The current guidelines

The system of sanctions provided for dismissal without just cause or justifiable reason can be explained in two ways: the obligatory protection and the protection (or establishment) real. The first (ex art. 8 of Law 604/1966) is provided for employers who occupy up to 15 employees (the employer has the right to choose which subject to sanction: restoration of employment or compensation from 2.5 to 6 months), the second (ex art. 18 of Law 300/1970) applies to employers employing more than 15 employees (in this case, in addition to compensation the damage is expected to reinstate the employee in the workplace).

The position of the Constitutional Court

According to the decision No 36/2000, is "inconceivable that the provision in Article 18, as expressive needs explicable to the aforementioned constitutional principles (Articles 4 and 35 of the Constitution, nda), the only possible paradigm concrete implementation of the principles same. Therefore, any repeal of the so-called real protection would only serve to expunge one of the ways to achieve the guarantee of labor law, which is traced in the disciplines that currently apply to both the real protection that the mandatory policy to fund the necessary justification dismissal. Nor, once removed the art. 18 of Law No 300 of 1970, it would lose any protection in respect of unfair dismissal, as would, however, working order, especially in light of the principles can be derived from the European Social Charter, ratified and implemented by Act Feb. 9, 1999, No 30, the protection provided by mandatory law July 15, 1966, No 604, as amended by Act May 11 1990, no 108, where the general trend should be emphasized here. "

Previous attempts to reform

In 2001, the then government headed by Silvio Berlusconi, made a draft law (delegation) which was inserted in the proposed temporary suspension of Article. 18 of the Statute, in particular the right to reintegrate into the workplace in case of unfair dismissal. The bill provided for the temporary replacement of that law with a monetary compensation in relation to particular cases and, of course, this caused the reaction of the CGIL, in response to unfulfilled demands addressed to the Government (ie requests by deleting the section on the idea of \u200b\u200bamending the standard) and the final ratification of the corrections made to Article 18 in March 2002, held a demonstration on 23 of the same month. Following the Executive Board reached an agreement with CISL and UIL, so by signing the Pact for Italy, which contains the possibility of amending Article 18 to "promote regular employment through new experimental measurements - and therefore temporary - have been the objective of encouraging the growth in size of small businesses. " Following the refusal of the CGIL union to sign the agreement and, above all, because the intensification of the conflict, the Government chose to drop the part on changes to the provisions of the Workers' Statute.

The proposed Cazzola, a new attempt to reform

The bill, introduced on the initiative of deputies Giuliano Cazzola and Benedetto Della Vedova, consists of a single article amending paragraph 5 of Article 18 of the Statutes, extending even to the employer failed in court the right to pay compensation for damages equal to fifteen months' total remuneration rather than to initiate the reintegration into the workplace. E 'Without limitation to the nullity of discriminatory dismissals. In practice, it is added to paragraph 5 of Article Of 18 l. 300/1970, as amended, after the words 'total remuneration of fact, "the following sentence:' Notwithstanding the invalidity of discriminatory dismissals under the provisions of Article 4 of Law No 15 July 1966 604, referred to Article 3 of Law No 108 of 1990, is recognized at the employer, losing in court, may pay the employee an indemnity equal to fifteen months' salary in lieu of the fact of global reintegration in the workplace. "

Alessio Maniscalco

Primary Games Dune Buddy

supplementary pension fund still does not take off (published in "the Western Wednesday, July 2, 2008)

A smash now elderly: foresight. At the annual meeting of the National Association of Insurance Companies, which took place in Rome yesterday, President Fabio Cercone's finding in its report some considerations on the status of supplementary pension schemes in Italy, pointing out, however, the need to "give greater flexibility the system, recognizing a right of withdrawal for a certain period of time after the initial transfer of the TFR to a pension form, "because" this can help reduce the reluctance of workers to devote the severance pay. " Reluctance stems from the impossibility of the employee to return on their steps: the destination of the indemnity provisions of the supplementary pension, in fact, is not revocable, conversely, the choice to keep the amounts allocated to severance pay from the employer may be, in any case, termination. Food for thought about the condition of the survivors had already emerged on June 24, when presenting the annual report, the President of the Commission for Supervision of Pension Funds, Luigi Scimia, had suggested the need to raise the supplementary pension system, because, despite the numbers indicate a degree of growth, the results reveal themselves, de facto, yet modest. Indeed, according to data collected by Covip, In April 2008 the total number of workers stopped to 4.7 million subscribers, including 700,000 subscribers of individual insurance plans (old Pip). However, if we consider that individuals are entitled to 12.2 million (net of domestic workers), members of the audience seems to be filling slowly. The rise of pension funds members in 2007 also stood at 43.2% over the previous year (3,184,224 in 2006 and 4,560,091 in 2007), while in the first quarter of 2008 was an increase 2.8%, with the arrival of 130,000 new entrants, but in reality the figure indicates a significant slowdown. In order to provide this failure or take-off, however, to revive the supplementary pension, Luigi Scimia has proposed a number of interventions designed to broaden the participation of employees: faculty of rethinking and reducing taxation on returns. For its part, Labour Minister Sacconi, who yesterday spoke to the assembly ANIA, agrees with Cercone and Scimia about the implementation of measures to make the reversible transfer of the TFR ("within certain limits, compatible with the need for stability), engaging in what could become the second pillar of the pension fund. In this way, the survivor "should encourage - said the minister - those workers, 75%, which so far have kept the company in severance pay, to make a choice in favor of the supplementary pension. " Sacconi, however, declares himself against the possible provision of tax relief (currently tax on return on equity is 11%) because, although aware that "changes in the private component of the security will be undertaken with more and better Use of fiscal incentives, "believes that it is" easy to talk about it now because the use of fiscal incentives have a cost to public finances "Also, Minister of Labour said it wanted to start up a dialogue with social partners on portability of the contribution of the employer, "that would produce greater competition, better management of those funds and the consequent reduction in costs of pension schemes' In this regard, Article. 14 (paragraph 6) of Legislative Decree no. 252/2005 provides that, after two years from the date of participation in a supplemental pension, the worker can transfer the whole of the matured amount to another pension plan, but as regards' possible contribution from the employer, this right of transfer may be exercised within the limits and in the manner prescribed by the contracts or collective agreements, even corporate. " In practice, the worker is available to the employers' contribution only if the collective agreement expressly provides for the possibility of portability contribution mentioned above, otherwise runs the risk of losing it. Furthermore, it should highlight the lack of harmony with the principle of this rule and guiding principle of delegating law (the so-called Maroni reform), which aims to "eliminate obstacles to the free movement of workers and membership in the system supplementary pension (Article 1, paragraph 2, l. 243/2004). A clear limit on the liberalization of the pension choices of citizens.

Alessio Maniscalco